United States of America v. State of Nebraska et al

Filing 67

MEMORANDUM AND ORDER that the amended motions for reimbursement 60 , 61 , 62 are granted in part, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for th e consulting services and expenses of Marge Brown of Life Project Consulting, LLC, in the amount of $30,273.37; Macomb-Oakland Regional Center, Inc., in the amount of $26,685.65; and consultant John Williams in the amount of $7,200.00; such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order 9 ; as provided in this court's prior order 9 , the "Clerk is authorized to deduct from any monies deposite d with the Clerk a fee of 10% of the interest earned each time funds are disbursed"; as provided in the parties' settlement agreement ( 10 at 6), and within 45 days of the date of this order, the defendants shall replenish the above-d escribed interestbearing account with the full amount paid by the Clerk of Court to the above-named consultants in order to restore the account's total to $100,000.00; the objections filed by the State of Nebraska 55 64 are granted to t he extent that Dr. McGee's original reimbursement requests 49 , 50 , 51 , 52 , 53 , 54 , 60 , 61 , 62 were not granted in the full amount requested; such objections 55 , 64 are otherwise denied. Ordered by Judge Richard G. Kopf. (copy to financial) (CJP)

THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, P l a in tif f , vs. T H E STATE OF NEBRASKA; D A V E HEINEMAN, Governor o f the State of Nebraska, in his o f f ic ia l capacity only; CHRISTINE P E T E R S O N , Chief Executive O f f ic e r, Nebraska Department o f Health and Human Services, in her official capacity only; JOHN W Y V IL L , Director, Division of D e v e l o p m e n t a l Disabilities, N e b ra sk a Department of Health a n d Human Services, in his official c a p a c ity only; RON STEGEMANN, C h ie f Executive Officer, Beatrice S tate Developmental Center, in his o f f ic ia l capacity only, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8 :0 8 C V 2 7 1

MEMORANDUM A N D ORDER

F o llo w in g the State's objections to the reimbursement requests of former independent e x p e rt John J. McGee, Ph.D., due to inadequate supporting documentation (filing 55), Dr. M c G e e filed amended motions for reimbursement (filings 60, 61, 62.) The independent e x p e rt's revised requests for reimbursement are as follows: $30,314.76 incurred by Marge B ro w n of Life Project Consulting, LLC, during January to July 2009 (filing 60); $29,313.71 in c u rre d by Macomb-Oakland Regional Center, Inc., during January to July 2009 (filing 61); a n d $7,200.00 incurred by consultant John Williams during January to July 2009 (filing 62). A f te r more objections from the State of Nebraska (filing 64) regarding Dr. McGee's re v is e d reimbursement requests, Dr. McGee filed a "response" with the court (filing 66) in d ic a tin g that he "accept[s] the State of Nebraska's objections and agree[s] to accept the

S ta te 's undisputed amounts." Therefore, I shall grant in part Dr. McGee's amended motions f o r reimbursement in the following amounts: $30,273.37 incurred by Marge Brown of Life P r o je c t Consulting, LLC, during January to July 2009; $26,685.65 incurred by MacombO a k la n d Regional Center, Inc., during January to July 2009; and $7,200.00 incurred by c o n su lta n t John Williams during January to July 2009. Accordingly, IT IS ORDERED: 1. T h e amended motions for reimbursement (filings 60, 61, 62) are granted in

p art, and within 10 days of the date of this order, the Clerk of the United States District Court f o r the District of Nebraska shall disburse funds for the consulting services and expenses of M a rg e Brown of Life Project Consulting, LLC, in the amount of $30,273.37; MacombO a k la n d Regional Center, Inc., in the amount of $26,685.65; and consultant John Williams in the amount of $7,200.00. Such payments should be sent to the following addresses: M a rg e Brown L if e Project Consulting, LLC 5 4 5 Woodside Avenue B e rw yn , Pennsylvania 19312 M a c o m b - O a k la n d Regional Center, Inc. 1 6 2 0 0 19 Mile Road, P.O. Box 380710 C lin to n Township, Michigan 48038 J o h n Williams 1 1 0 3 South Main R o ya l Oak, Michigan 48067 2. S u ch funds shall be paid from the interest-bearing account set up by the Clerk

o f Court pursuant to this court's prior order (filing 9). 3. A s provided in this court's prior order (filing 9), the "Clerk is authorized to

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d e d u c t from any monies deposited with the Clerk a fee of 10% of the interest earned each tim e funds are disbursed." 4. A s provided in the parties' settlement agreement (filing 10, at 6), and within

4 5 days of the date of this order, the defendants shall replenish the above-described interestb e a rin g account with the full amount paid by the Clerk of Court to the above-named c o n su lta n ts in order to restore the account's total to $100,000.00. 5. T h e objections filed by the State of Nebraska (filings 55, 64) are granted to the

e x t e n t that Dr. McGee's original reimbursement requests (filings 49, 50, 51, 52, 53, 54, 60, 6 1 , 62) were not granted in the full amount requested; such objections (filings 55, 64) are o th e rw is e denied. DATED this 26 th day of May, 2010. B Y THE COURT: R ich a r d G. Kopf United States District Judge

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